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P.k. Dharani And Another v. M/s. G.s. Sundaram And Bros Managing Partner G. Sivanesa Pandian

P.k. Dharani And Another v. M/s. G.s. Sundaram And Bros Managing Partner G. Sivanesa Pandian

(High Court Of Judicature At Madras)

Civil Suit No. 427 Of 2013 | 20-09-2013

(Prayer: This Civil Suit has been filed to pass a Judgment and Decree against the defendants

a) Declare that the Sale Deed dated 14.12.2005 was executed on behalf of the defendant firm Ms.G.S.Sundaram & Bros in favour of the plaintiffs.

b) To pay the cost of the suit.)

1. This Civil Suit was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, by the order of this Court, dated 20.8.2013.

2. A communication, dated 18.9.2013, of the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, enclosing a copy of its Mediation Report, dated 3.9.2013, has been received, and in the said Mediation Report, it is stated as follows:-

"Both the parties appeared before the Centre along with their Counsel. Matter has been settled between them as per the terms cited in the Mediation Agreement enclosed. Hence the matter is sent back to the Honble Court."

3. As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 3.9.2013, this civil suit is listed for passing orders in terms of the said Mediation Agreement.

4. The Mediation Agreement, dated 3.9.2013, signed by the parties and the counsels appearing for the plaintiffs and the defendant, reads as follows:-

"Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:

1. The Defendant hereby confirms that the Sale Deed dated 14.12.2005 registered as Document No.1213 of 2005 in Book-I, in the office of Sub Registrar, Sowcarpet in respect of the Suit Schedule property was executed in favour of the Plaintiffs on behalf of the Defendant M/s.G.S.Sundaram&Bros.

2. The Plaintiffs are absolute owners of the Suit Schedule Property by virtue of the said Sale Deed dated 14.12.2005 registered as Document No.1213 of 2005 in Book-I, in the office of Sub Registrar, Sowcarpet.

3. This Mediation Agreement constitutes as full and final settlement of all issues in respect of the Suit Schedule Property.

SCHEDULE OF PROPERTY

House, Ground and Premises bearing Old Door No.10, New No.31, Malayaperumal Street, Chennai 600 001, comprised in O.S.No.3369, R.S.No.11323/4 and 11322 measuring an extent of 1782 Sq.Ft., bounded on the

North by - R.S.No.11321 and 11322

South by - House bearing No.1, 1/41 and 2/41 Malayaperumal Street

East by - Back side of this building House bearing No.23, 23A, 1/23, 1/23A and 1/23AA Anderson Street G.T.Chennai &

West by - Malayaperumal Street

and Situated within the Registration District of North Madras and Sub-Registration District of Sowcarpet."

5. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 3.9.2013, and in terms of the Mediation Report, dated 3.9.2013, before the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, this suit is decreed, recording the terms of the Mediation Agreement, dated 3.9.2013. The terms of the Mediation Agreement, dated 3.9.2013 and the Mediation Report, dated 3.9.2013, of the Mediation Centre, shall form part of the order. Connected O.A.No.469 of 2013 is closed.

Advocate List
  • For the Plaintiffs S. Dharmakkan, Advocate. For the Defendant Arun Anbumani, Advocate.
Bench
  • HON'BLE MR. JUSTICE M. JAICHANDREN
Eq Citations
  • LQ/MadHC/2013/4502
Head Note

Civil Procedure Code, 1908 — Or.23 R.3 — Suit for declaration — Mediation — Decree passed in terms of settlement arrived at in Mediation Agreement, dated 3.9.2013